As a continuation of An Overview of the Uniform Child Custody Jurisdiction and Enforcement Act (Part 1), the following provides some additional information regarding how child custody disputes are resolved when parents live in different states. While Part 1 of this blog focused on how the UCCJEA determines which state’s courts will have jurisdiction over interstate child custody disputes, here in Part 2, we will discuss when jurisdiction can be changed from one state’s courts to another.
Once the Uniform Child Custody Jurisdiction and Enforcement Act has been invoked to determine which state’s courts will preside over interstate child custody disputes, the courts in that state will generally rule on any future custody matters that may arise in that case. However, the jurisdiction may subsequently be changed to a different state if:
- The court that currently has jurisdiction determines that there is no substantial connection between the state and the child/parent and that there is no evidence regarding the custody dispute available in that state.
- A determination is made that the parent and child no longer live in the state that had jurisdiction.
A Specific Example…
These UCCJEA rules can be clarified by looking at a specific example. Let’s say that parents of a child divorced in Missouri, the mom moved to Illinois and that the child spent time in both Illinois and Missouri. According to the UCCJEA, the court with jurisdiction over any future child custody disputes would be the Missouri court (as the child has the longest ties to the state of Missouri). If, however, in this example, the father later moves to Kansas and a child custody dispute arises within six months of the father relocating, then according to the UCCJEA, the court that will have jurisdiction over this custody dispute would be the Illinois court, as the child will have the strongest connections to the state of Illinois.
Colorado Family Law Attorneys
While child custody disputes are complex and highly emotional in and of themselves, they can be further complicated when the parents live in different states, making it increasingly important that parents have a lawyer on their side who will advocate and fight for their rights.
When it comes to battling for child custody or dealing with any matter of family law, such as parental visitation rights, do not try to settle the case without the help of a skilled family lawyer. Working with the Colorado family law attorneys at the Law Office of Mike Hulen can be essential to ensuring that your rights are fully protected and that your family law matters are resolved as favorably as possible.
For years, we have been successful at helping our Clients negotiate favorable divorce settlements, child custody agreements, alimony payments, etc. We also have a proven track record of success when it comes to modifying custody agreements, spousal support payment agreements, etc. Contact us at (303) 932-8666 to learn more about your rights and receive professional advice regarding the best manner in which to proceed with your case.